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Yue Zhou v. United States Sec. & Exch. Comm'n

United States District Court, S.D. New York
Jun 28, 2022
21-CV-10600 (PMH) (S.D.N.Y. Jun. 28, 2022)

Opinion

21-CV-10600 (PMH)

06-28-2022

YUE ZHOU, et al., Plaintiffs, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, et al., Defendants.


ORDER

PHILIP M. HALPERN, United States District Judge:

Counsel for the parties appeared for a pre-motion conference by telephone. As stated on the record, the Court construed Defendants' pre-motion conference letter (Doc. 15) as their motion to dismiss under Federal Rules of Civil Procedure 12(b)(1), (5), and (6). See In re Best Payphones, Inc., 450 Fed.Appx. 8, 15 (2d Cir. 2011) (upholding construction of pre-motion letter as motion).

For the reasons stated on the record and the law cited therein, Defendants' motion to dismiss the action under Federal Rule of Civil Procedure 12(b)(1) is GRANTED. Given the Court's conclusion as to its lack of subject-matter jurisdiction, it need not and does not reach Defendants' arguments for dismissal under 12(b)(5) or (6).

The Clerk of the Court is respectfully directed to close this case.

SO ORDERED.


Summaries of

Yue Zhou v. United States Sec. & Exch. Comm'n

United States District Court, S.D. New York
Jun 28, 2022
21-CV-10600 (PMH) (S.D.N.Y. Jun. 28, 2022)
Case details for

Yue Zhou v. United States Sec. & Exch. Comm'n

Case Details

Full title:YUE ZHOU, et al., Plaintiffs, v. UNITED STATES SECURITIES AND EXCHANGE…

Court:United States District Court, S.D. New York

Date published: Jun 28, 2022

Citations

21-CV-10600 (PMH) (S.D.N.Y. Jun. 28, 2022)